78A-6-508 - Evidence of grounds for termination.
78A-6-508. Evidence of grounds for termination.
(1) In determining whether a parent or parents have abandoned a child, it is prima facieevidence of abandonment that the parent or parents:
(a) although having legal custody of the child, have surrendered physical custody of thechild, and for a period of six months following the surrender have not manifested to the child orto the person having the physical custody of the child a firm intention to resume physical custodyor to make arrangements for the care of the child;
(b) have failed to communicate with the child by mail, telephone, or otherwise for sixmonths;
(c) failed to have shown the normal interest of a natural parent, without just cause; or
(d) have abandoned an infant, as described in Subsection 78A-6-316(1).
(2) In determining whether a parent or parents are unfit or have neglected a child thecourt shall consider, but is not limited to, the following circumstances, conduct, or conditions:
(a) emotional illness, mental illness, or mental deficiency of the parent that renders theparent unable to care for the immediate and continuing physical or emotional needs of the childfor extended periods of time;
(b) conduct toward a child of a physically, emotionally, or sexually cruel or abusivenature;
(c) habitual or excessive use of intoxicating liquors, controlled substances, or dangerousdrugs that render the parent unable to care for the child;
(d) repeated or continuous failure to provide the child with adequate food, clothing,shelter, education, or other care necessary for the child's physical, mental, and emotional healthand development by a parent or parents who are capable of providing that care;
(e) whether the parent is incarcerated as a result of conviction of a felony, and thesentence is of such length that the child will be deprived of a normal home for more than oneyear; or
(f) a history of violent behavior.
(3) A parent who, legitimately practicing the parent's religious beliefs, does not providespecified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
(4) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful orunfit because of a health care decision made for a child by the child's parent unless the state orother party to the proceeding shows, by clear and convincing evidence, that the health caredecision is not reasonable and informed.
(b) Nothing in Subsection (4)(a) may prohibit a parent from exercising the right to obtaina second health care opinion.
(5) If a child has been placed in the custody of the division and the parent or parents failto comply substantially with the terms and conditions of a plan within six months after the dateon which the child was placed or the plan was commenced, whichever occurs later, that failure tocomply is evidence of failure of parental adjustment.
(6) The following circumstances constitute prima facie evidence of unfitness:
(a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of anychild, due to known or substantiated abuse or neglect by the parent or parents;
(b) conviction of a crime, if the facts surrounding the crime are of such a nature as toindicate the unfitness of the parent to provide adequate care to the extent necessary for the child'sphysical, mental, or emotional health and development;
(c) a single incident of life-threatening or gravely disabling injury to or disfigurement ofthe child;
(d) the parent has committed, aided, abetted, attempted, conspired, or solicited to commitmurder or manslaughter of a child or child abuse homicide; or
(e) the parent intentionally, knowingly, or recklessly causes the death of another parent ofthe child, without legal justification.
Amended by Chapter 161, 2009 General Session